Pennsylvania

PENNSYLVANIA. The name of one of the original states of the United States of
America. Pennsylvania was occupied by planters of various nations, Dutch
Swedes, English, and others; but obtained no separate name until the year
1681, when Charles II. granted a charter to William Penn, by which he became
its proprietary, saving, however, allegiance to the crown, which retained
the sovereignty of the country. This charter authorized the proprietary, his
heirs and successors, by and with the assent of the freemen of the country,
or their deputies assembled for the purpose, to make laws. Their laws were
required to be consonant to reason, and not repugnant or contrary, but as
near as conveniently could be to the laws and statutes of England.
Pennsylvania was governed by this charter till the period of the Revolution.
2. The constitution of the state was adopted on the second day of
September, 1790, and amended by a convention selected by the people, on the
twenty-second day of February, 1838. The powers of the government are
divided into three distinct branches: the legislative, the executive and the
judiciary.
3.-1st. The legislative power is vested in a general assembly, which
consists of a senate and house of representatives.
4.-1. The senate will be considered with reference to the
qualification of the electors; the qualification of the members; the length
of time for which they are elected; and the time of their election. 1. In
elections by the citizens, every white freeman of the age of twenty-one
years having resided in this state one year, and in the election district
where he offers to vote ten days immediately preceding such election, and
within two years paid a state or county tax, which shall have been assessed
at least ten days before the election, shall enjoy the rights of an elector.
But a citizen of the United States who had previously been a qualified voter
of this state and removed therefrom and returned, and who shall have resided
in the election district and paid taxes as aforesaid, shall be entitled to
vote after residing in the state six months: Provided, that white freemen,
citizens of the United States, between the ages of twenty-one and twenty-two
years, and having resided in the state one year, and in the election
district ten days as aforesaid, shall be entitled to vote although they
shall not have paid taxes. Art. 3, s. 1. 2. No person shall be a senator who
shall not have attained the age of twenty-five years, and have been a
citizen and inhabitant of the state four years next before his election, and
the last year thereof an inhabitant of the district for which he shall be
chosen, unless he shall have been absent on the public business of the
United States or of this state; and no person elected as aforesaid, shall
hold the said office after he shall have removed from such district. Art. 1,
s. 8. 3. The number of senators shall never be less than one-fourth, nor
greater than one-third of the number of representatives. Art. 1, s. 6. 4.
The senators hold their office for three years.
5. Their election takes place on the second Tuesday of October, one-
third of the senate each year.
6.-2. The house of representatives will be treated of in the same
manner which has been observed in considering the senate. 1. The electors
are qualified in the same manner as the electors of the senate. 2. No person
shall be a representative who shall Dot have attained the age of twenty-one
years, and have been a citizen and inhabitant of the state three years next
preceding his election, and the last year thereof an inhabitant of the
district in and for which he shall be chosen a representative, unless be
shall have been absent on the public business of the United States or of
this state. Art. 1, s. 3. 3. The number of representatives shall never be
less than sixty, nor greater than one hundred. Art. 1, s. 4. 4. They are
elected yearly. 5. Their election is on the second Tuesday of October,
yearly.
6.-2d. The supreme executive power of this commonwealth is vested in
a governor. 1. He is elected by the electors of the legislature. 2. He must
be at least thirty years of age, and have been a citizen and an inhabitant
of the state seven years next before his election, unless he shall have been
absent on the public business of the United States or of this state. Art. 2,
s. 4. 3. The governor shall hold his office during three years from the
third Tuesday of January next ensuing his election, and shall not be capable
of holding it longer than six in any term of nine years. Art. 2, s. 3. 4.
His principal duties are enumerated in the second article of the
constitution, as follows: The governor shall at stated times receive for his
services a compensation which shall be neither increased or diminished
during the period for which he shall have been elected. He shall be
commander-in-chief of the army and navy of this commonwealth, and of the
militia, except when they shall be called into the actual service of the
United States. He shall appoint a secretary of the commonwealth during
pleasure; and he shall nominate, and by and with the advice and consent of
the senate appoint, all judicial officers of courts of record, unless
otherwise provided for in this constitution. He shall have power to fill all
vacancies that may happen in such judicial offices during the recess of the
senate, by granting commissions which shall expire at the end of their next
session: Provided, that in acting on executive nominations the senate shall
sit with open doors, and in confirming or rejecting the nominations of the
governor, the vote shall be taken by yeas and nays. He shall have power to
remit fines and forfeitures, and grant reprieves and pardons, except in
cases of impeachment. He may require information in writing from the
officers in the executive department, upon any subject relating to the
duties of their respective offices. He shall, from time to time, give to the
general assembly information of the state of the commonwealth, and recommend
to their consideration such measures as he shall judge expedient. He may, on
extraordinary occasions, convene the general assembly; and, in case of
disagreement between the two houses with respect to the time of adjournment,
adjourn them to such time as he shall think proper, not exceeding four
months. He shall take care that the laws be faithfully executed. In case of
the death or resignation of the governor, or of his removal from office, the
speaker of the senate shall exercise the office of governor until another
governor shall be duly qualified; but in such case another governor shall be
chosen at the next annual election of representatives, unless such death,
resignation or removal shall occur within three calendar months, immediately
preceding such next annual election, in which case a governor shall be
chosen at the second succeeding annual election of representatives. And if
the trial of a contested election shall continue longer than until the third
Monday of January next ensuing the election of governor, the governor of the
last year, or the speaker of the senate who may be in the exercise of the
executive authority, shall continue therein until the determination of such
contested election, and until a governor shall be duly qualified as
aforesaid.
7.-3d. The judicial power of the commonwealth is vested by the fifth
article of the constitution as follows:
Sec. 1. The judicial power of this commonwealth shall be vested in a
supreme Court, in courts of oyer and terminer and general jail delivery, in
a court of common pleas, orphans' court, register's court, and a court of
quarter sessions of the peace, for each county in justices of the peace, and
in such other courts as the legislature may from time to time establish.
8.-Sec. 2. By an amendment to this constitution, the judges of the
supreme court, of the several courts of common pleas, and of such other
courts of record as are or shall be established by law, shall be elected by
the qualified electors, as provided by act of April 15, 1851. Pam. Laws,
648. The judges of the supreme court shall hold their offices for the term
of fifteen years if they shall so long behave themselves well. The president
judges of the several courts of common pleas and of such other courts of
record as are or shall be established by law, and all other judges required
to be learned in the law, shall hold their offices for the term of ten years
if they shall so long behave themselves well. The associate judges of the
courts of common pleas shall hold their offices for the term of five years
if they shall so long behave themselves well. But for any reasonable cause
which shall not be sufficient ground of impeachment, the governor may remove
any of them on the address of two-thirds of each branch of the legislature.
The judges of the supreme court and the presidents of the several courts of
common pleas, shall at stated times receive for their services an adequate
compensation to be fixed by law, which shall not be diminished during their
continuance in office, but they shall receive no fees or prerequisites of
office, nor hold any other office of profit under this commonwealth.
9.-Sec. 3. Until otherwise directed by law, the courts of common
pleas shall continue as at present established. Not more than five counties
shall at any time be included in one judicial district organized for said
courts.
10.-Sec. 4. The jurisdiction of the supreme court shall extend over
the state; and the judges thereof shall, by virtue of their offices be
justices of oyer and terminer and general jail delivery, in the several
counties.
11.-Sec. 5. The judges of the court of common pleas, in each county,
shall, by virtue of their offices, be justices of oyer and terminer and
general jail delivery, for the trial of capital and other offenders therein;
any two of the said judges, the president being one, shall be a quorum; but
they shall not hold a court of oyer and terminer, or jail delivery, in any
county, when the judges, of the supreme court, or any of them, shall be
sitting in the same county. The party accused, as well as the commonwealth,
may, under such regulations as shall be prescribed by law, remove the
indictment and proceedings, or a transcript thereof, into the supreme court,
12.-Sec. 6. The supreme court, and the several courts of common pleas,
shall, besides the powers heretofore usually exercised by them, have the
power of a court of chancery, so far as relates to the perpetuating If
testimony, the obtaining of evidence from places not within the state, and
the care of the persons and estates of those who are non compotes mentis.
And the legislature shall vest in the said courts such other powers to grant
relief in equity, as shall be found necessary; and may, from time to time,
enlarge or diminish those powers, or vest them in such other courts as they
shall judge proper for the due administration of justice.
13,-Sec. 7. The judges of the court of common pleas of each county,
any two of whom shall be a quorum, shall compose the court of quarter
sessions of the peace, and orphans' court thereof: and the register of
wills, together with the said judges, or, any two of them, shall compose the
register's court of each county.
14.-Sec. 8. The judges of the courts of common pleas shall, within
their respective counties, have the like powers with the judges of the
supreme court, to issue writs of certiorari to the justices of the peace,
and to cause their proceedings to be brought before them, and the like right
and justice to be done.
15.-Sec. 9. The president of the court in each circuit within such
circuit, and the judges of the court of common pleas within their respective
counties, shall be justices of the peace, so far as relates to criminal
matters.
16.-Sec. 10. A register's office, for the probate of wills and
granting letters of administration, and an office for the recording of
deeds, shall be kept in each county.
17.-Sec. 11. The style of all process shall be "The commonwealth of
Pennsylvania." All prosecutions shall be carried on in the name and by the
authority of the commonwealth of Pennsylvania, and conclude, "against the
peace and dignity of the same."

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